Professional Documents
Culture Documents
fundamental, and lasting than the specific behaviors harm and to help. A familiar example in the field of
endorsed or prohibited by the codes. The various deafness is the decision about cochlear implantation.
mental health professions state the principles un- Clinicians must know a great deal about the probability
derlying their codes of ethics in various terms. For of benefit or harm in order to make ethical choices
example, the NASW (1999) code lists ‘‘core values’’ of when working with a client considering such a pro-
service, social justice, dignity and worth of the person, cedure (Christiansen & Leigh, 2002).
importance of human relationships, integrity, and Clinicians also encounter issues of weighing potential
competence. The ACA (n.d.) code is based on the harm against potential benefit when asked to provide
principles of autonomy, nonmaleficence, beneficence, services outside their areas of training. This may
justice, and fidelity (Herlihy & Corey, 1996). The happen frequently for clinicians in deafness, who may
APA’s Ethical Principles (APA, 2002) lists the following: be asked to help clients with an enormous range of
‘‘beneficence and nonmaleficence, fidelity and respon- specialized problems. The potential for harm increases
sibility; integrity; justice; respect for people’s rights when a clinician provides services in areas outside of
and dignity’’ (p. 1). The American Psychiatric Associa- his or her training and experience; however, leaving the
agencies refuse to treat deaf patients, refuse to hire in- (with appropriate notice to clients and coverage of
terpreters or provide other needed accommodations, or professional responsibilities), personal therapy, train-
engage in stereotyping of deaf clients or professionals. ing and professional development, personal wellness-
Issues of justice are also involved when managed care supporting activities (such as exercise, play, and
organizations offer deaf clients a more limited range of creative activities), and setting appropriate boundaries
providers than hearing clients. to protect one’s personal life and privacy. However,
As an ethical principle, integrity requires clinicians self-care activities can be difficult to initiate and
to be honest, providing accurate and unbiased in- maintain for clinicians whose work and lives are in the
formation about any treatment options or professional Deaf community and who may simultaneously feel
issues. Integrity also requires providing accurate swamped and isolated.
information about the clinician’s training, fees, and
policies. Although no one likes to be deceived, deaf
Personal Characteristics and Skills
clients may particularly loathe hypocrisy and value
forthrightness. Within the Deaf community, the principle In addition to reflecting underlying principles, pro-
Clinicians lacking in any of these skills might judge to collaborate with another clinician or agency
their competencies to be inadequate for working with to provide service as a team (beneficence and non-
a deaf client. They might risk actually harming the maleficence are enhanced—collaboration maximizes
client through inept service provision. Yet the ethical potential benefit and reduces the chance of harm).
codes of the mental health professions mandate that
The principles of autonomy and integrity further
clinicians should achieve competence in working with
suggest that professionals must accurately disclose the
diverse clients, including those with disabilities, and
limits of their competence to clients and allow the
should not make clinical decisions in a discriminatory
client to determine whether to engage in mental
way. Additionally, the ADA requires that services be
health treatment or assessment (unless the treatment or
accessible. Furthermore, it is sometimes the case that
evaluation is court-ordered). Thus, whatever option
no other clinician or agency is able to provide better
the clinician pursues, an ethical clinician must make
service to the client.
sure the client is informed about treatment possibilities
Thinking about the principles involved can help
and choices, and is involved in all treatment decisions.
identify possible solutions. The principles of benefi-
accommodations that are an ‘‘undue burden.’’ How- refusing to tell the deaf individual what is going on.
ever, in assessing burden, courts consider all the This happens at the family dinner table as well as in
resources available to the larger system of which professional contexts. Furthermore, many deaf people
a service, clinic, or agency is a part. can remember a professional—perhaps a counselor,
Mental health services cannot be provided without teacher, or supervisor—who told their parents or co-
communication. Not all clients with hearing loss have workers information that was meant to be confidential.
the same communication needs, skills, or preferences. All this can lead to a lowered expectation of privacy and
Some require a sign language interpreter for adequate difficulty trusting a clinician to keep information
communication. Others may want a deaf clinician or confidential.
a Certified Deaf Interpreter. Some clients prefer oral Every ethical principle points to the importance
communication or writing back and forth (either on of maintaining confidentiality. Violations of confiden-
paper or on a computer). Thus, the first issue in tiality may harm a client’s reputation or self-respect.
providing communication access is assessing the Integrity requires the clinician to follow through on the
client’s needs and preferences. The ethical principles implicit and explicit promises of confidentiality made
be assumed by onlookers to be discussing a client, even expect them. A satisfied client—deaf or hearing–may
if that is not the topic of their conversation. Obviously, naturally want to refer friends and family members to
confidential information should not be discussed in the therapist. However, treating clients who are closely
public, even if the clinician believes bystanders will not related or involved with other clients has a high risk of
hear the conversation. Beyond this, many clinicians compromising a counselor’s objectivity. A similar issue
who work with deaf clients believe that it is ethically arises when a client turns out to have ties to people
appropriate to sign during all conversations that take in the therapist’s personal or professional life. This
place in public view, so as to avoid any misunderstand- may threaten confidentiality, compromise services, and
ing. This promotes ethical principles of fidelity and create conflicts of interest for the therapist. Deaf
trustworthiness in professional relationships. therapists may often be faced with the expectation that
they will engage in multiple overlapping relationships,
especially if they participate as active and respected
Multiple Relationships
community members (Leigh, 2002; Leigh & Lewis,
Overlapping relationships present constant ethical 1999; Lytle & Lewis, 1996). Because overlapping
be unsophisticated about treatment options and may choices (Pollard, 2002). One of the clinician’s obliga-
not understand treatment options even when they are tions is to help parents get accurate and unbiased
explained by an expert skilled in communicating with information, even though the clinician may have strong
individuals who do not use standard sign systems. The personal beliefs about particular interventions and
client may not even understand that he or she has approaches (Christiansen & Leigh, 2002).
a choice, or may be so used to others making decisions Communication difficulties or conflicts within
that refusal would seem impossible. In such situations, families can produce special ethical challenges (Harvey,
the client’s consent or assent to treatment would lack 2002). For example, communication between deaf and
real autonomy. One way to promote more autono- hearing family members may be limited, yet some
mous decision making about treatment is to provide a family members may resist using interpreters for
pretreatment phase to educate the client about family sessions. The principles of justice and helpful-
these matters so that true choice becomes possible ness dictate that all family members should have equal
(Glickman, 2003). access to treatment in a family therapy session. At the
A second impediment to client autonomy occurs same time, the principle of autonomy endorses
Practitioners may be asked to work with families, often With complex issues such as those discussed above,
including both deaf and hearing members. Ethical clinicians may not be able to get clear guidance from
principles become more complicated when working their profession’s code of ethics. All professional codes
with a family because the potential benefits and harm of ethics have limitations (Ford, 2001; McCrone,
to several people at once must be considered (Thorp & 2002). They always represent compromise consensus
Fruzzetti, 2003). Competence issues are enlarged statements and are of necessity vague and general.
because the clinician must understand family dynamics They may be difficult to apply to specific situations and
and child development as well as the professional and can produce dilemmas in which two or more principles
deafness-related skills mentioned earlier (Brice, 2002). or standards appear to conflict. Some problems may
Confidentiality becomes more complicated because not be addressed in the code at all. Sometimes, more
parents may have the right to know what transpires in than one code of ethics may be involved and require
their child’s therapy, yet the child’s privacy is also different behaviors (for example, if the clinician
important (Richards, 2003). Autonomy issues are more unexpectedly finds him- or herself in more than one
complicated if different family members have different role, such as interpreter and therapist). In some
preferences about communication or treatment. In situations, legal requirements may conflict with a code
addition, family treatment may often involve the ‘‘hot- of ethics.
button’’ issues mentioned above, such as cochlear At such times, the clinician needs not only
implantation, language interventions, or educational a thorough familiarity with the code of ethics and
Ethical Reasoning 179
its underlying principles but also a decision-making may contain the germ of a good idea. Continued
process to follow. An ethical decision-making model consultation with colleagues can lead to additional
can provide a framework for ethical practice in ideas.
situations where the code does not provide enough Step 6. Analyze each of the possible courses of action
specific guidance. Several decision-making models or envisioned in Step 5. What outcomes would be
procedures have been suggested (e.g., CPA, 2000; expected of each? What benefits or harms might
Ford, 2001; Gutman, 2002; Haas & Maloof, 2002; Hill, occur? Is there a way to combine several of the
Glaser & Hardin, 1995; Joseph & Conrad, 1995; possibilities so as to maximize the benefits and
Kitchener, 2000; Koocher & Keith-Spiegel, 1998; minimize the risks?
Welfel & Kitchener, 1992; Zitter, 1996). The model Step 7. Based on the analysis of expected outcomes,
suggested in this section gives the service provider choose a course of action. Additional consultation may
a method for considering ethical dilemmas or conflicts be helpful in planning how to carry out the selected
in a consistent, systematic, and thorough way; taking plan. Make notes about what was considered and why
each possibility was selected or rejected.
greetings, even though they haven’t seen each other for family that she cannot share with her close friends, who
about 5 years. Evelyn still has several close friends from are also close to Mrs. Smith. On the other hand, Mrs.
high school, and they get together several times a year Smith’s family needs services, and Evelyn does not
and love to reminisce about their time together in high want to be the reason that their child is not getting
school. help. Evelyn is not sure that Mrs. Smith realizes that
Evelyn graduated from high school and college, Evelyn now works at this agency and does not know
then entered graduate school in one of the mental whether Mrs. Smith realized when she requested
health professions. She is currently doing an internship services that Evelyn, a former student, might have
back in her home state, in which she helps to run access to personal information about her. There are
a group with deaf children who have been abused. One multiple ethical principles involved, including benef-
day Evelyn’s supervisor introduced her to a new child icence, fidelity (confidentiality, multiple relationships),
in the group, and Evelyn was stunned to learn that this and justice.
4-year-old is Mrs. Smith’s adopted daughter. The little Step 4. Consult with colleagues. Luckily for Evelyn,
girl had been abused by her birth parents, and at the she has several supervisors in the agency. She
with her friends difficult, because they are likely to Step 10. Revise the plan, if necessary, based on this
bring up Mrs. Smith in their casual conversation. They evaluation. The family therapist will take the re-
discuss how to get treatment for the Smiths without sponsibility of continuing to monitor how this is
involving Evelyn. They discuss how to respect the working out. Having taken over the case, he or she will
Smith’s autonomy and privacy. be responsible for further treatment recommendations.
Step 7. Based on the analysis of expected out- Step 11. Make sure that every step of the decision-
comes, they choose a course of action. Evelyn and making process is adequately documented and placed
Dr. Jones decide that three possibilities are feasible, in the client’s chart or record. Dr. Jones and Evelyn
ethically appropriate, and would afford the Smiths carefully reviewed the file before they turned the case
access to services. They decide that Dr. Jones will over to the family therapist to make sure that all their
meet with the Smiths and explain these three discussions were accurately noted, dated, and signed.
treatment options. Their first option is to place This decision-making process allowed Evelyn to
their daughter in the group. If they do that, Evelyn resolve a difficult and sensitive issue and to do so in
will not work directly with their daughter, but they a collaborative way so that she did not feel alone or ‘‘out
Leigh, I., & Lewis, J. (1999). Deaf therapists and the Deaf Richards, D. (2003). The central role of informed consent
community: How the twain meet. In Leigh, I. (Ed.), in ethical treatment and research with children. In W.
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(pp. 45–68). Washington, DC: Gallaudet University Press. ethics for psychologists (pp 377–389). Thousand Oaks,
Leigh, I., Corbett, C., Gutman, V., & Morere, D. (1996). CA: Sage.
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Lytle, L., & Lewis, J. (1996). Deaf therapists, deaf clients, and professional ethics for psychologist (pp. 181–193). Thousand
the therapeutic relationship. In N. Glickman, & M. Harvey Oaks, CA: Sage.
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(pp. 261–276). Mahwah, NJ: Lawrence Erlbaum. with Deaf clients. In I.W. Leigh (Ed.), Psychotherapy with
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